On October 29, 2009, President Obama signed into law the Department of Homeland Security Appropriations Act, which contains provisions that may benefit aliens in the US who are under petition, but their "qualifying relative" has died. This new law allows people who are under petition (and their spouses and children where applicable) to continue to be eligible for adjustment of status, where the petitioner has died, or even in some cases where the principal beneficiary has died.
In the past, if a person was under petition and the petitioner died, the petition was also considered "dead," unless the person applied for and was granted "humanitarian revalidation." However, it was extremely difficult for people to qualify for humanitarian revalidation. In addition, under the previous law, if the principal beneficiary died, then their surviving family members would not even have the opportunity to apply for humanitarian revalidation.











